England & Wales Guides :    Animal Premises    Education Premises    Factories & Warehouses    Healthcare Premises    Large Assembly Places    Offices & Shops    Open-Air Events    Residential Care    Sleeping Accommodation    Small/Medium Assembly    Theatres & Cinemas    Transport Premises    Disabled: Means of Escape Scotland Guides :    Care Homes    Educational/Day Care    Factories & Warehouses    Healthcare Premises    Med/Lrg Assembly Places    Offices, Shops, etc.    Assembly Places    Small B&B & Self-Catering    Small Sleeping Accom’    Transport Premises

The fire-safety Legislation in England, Wales, and Scotland places statutory responsibilities¹ upon the enforcing authorities (typically the Fire & Rescue Service²). It requires them to enforce the legislation³ whilst having regard to such guidance as the Secretary of State (for England & Wales)⁴, or the Scottish Ministers may give”⁵.

The combined effect of these elements is to give significant statutory weight to the:

• CLG’s Guidance for England & Wales, which “has been approved by Ministers and has official status”⁶; and
• Scottish Government’s Guidance, which “constitute guidance given by the Scottish Ministers”⁷.

Whether for England & Wales, or for Scotland, these requirements mean that all responsible persons should ensure that they comply with the detailed guidance contained in the guides.

Your local fire officer is under a duty to consider the above guides in his statutory duty of enforcing the fire-safety Legislation.

Knock-On Implications re British Standards

The guides have the effect of giving significant statutory significance to British Standards too.

For example, the CLG Guidance for Offices and Shops says at Section 8, a section wholly devoted to quality assurance, that “Fire protection products and related services should be...properly installed and maintained in accordance with...the relevant British Standard”. Specific references to the various British Standards (e.g. BS 5306, BS 5839, BS 5266) are also made elsewhere in the guide.

Other governmental guides have similar text.

Public Availability of Guidance

For reference, we have provided links, correct at the time of writing, to the guides above. Please refer to the CLG (for England & Wales) or the Scottish Government (for Scotland) for further and current details.

Footnotes & References

1. Article 26 of Part 3 of the Fire Safety Order; and Section 61 of the Fire (Scotland) Act 2005.
2. As set out at Article 25 of Part 3 of the Fire Safety Order and Section 61, paragraph (9) and Section 6 of the Fire (Scotland) Act 2005.
3. Article 26 of Part 3, paragraph (1) of the Fire Safety Order; and Section 61, paragraph (1) of the Fire (Scotland) Act 2005.
4. Article 26 of Part 3, paragraph (2) of the Fire Safety Order.
5. Section 61, paragraph (2) of the Fire (Scotland) Act 2005.
6. .Inside front cover, CLG’s series of guides: “Fire Risk Assessment”.
7. Chapter 3, Scottish Government’s series of guides: “Practical Fire Safety Guidance”. NB References and text may vary from guide to guide.